C HAPTER 32.
P RISONERS
UNDER SENTENCE OF
DEATH
OBJECTIVE
Many countries have now abolished the death penalty and the international community
encourages this development. However, capital punishment still remains on the statute
books in several countries.
Prison administrations have no responsibility for the imposition of the death penalty, but
they sometimes have to deal with its consequences and implementation, i.e. holding
prisoners under sentence of death, sometimes for many years when there are lengthy
appeal procedures or when a State has suspended executions but has not abolished the
death penalty or commuted existing sentences. Prison administrations are sometimes
also responsible for carrying out executions. These tasks place a heavy burden on the
staff who are involved. The objective of this chapter is to define how prisoners who are
under sentence of death should be treated according to the international instruments.
ESSENTIAL PRINCIPLES
Every human being has the inherent right to life, which shall be protected by law.
In countries which have not abolished the death penalty, it shall be imposed only for
the most serious crimes and after a final judgement rendered by a competent court.
The death penalty shall not be imposed for crimes committed by persons below the
age of 18 and shall not be carried out on pregnant women, nor on new mothers or
persons who have become insane.
Where capital punishment occurs, it shall be carried out so as to inflict the minimum
possible suffering.
Abolition of the death penalty is encouraged.
These principles should be presented visually and remain on display throughout the
session.
BASIS IN INTERNATIONAL INSTRUMENTS
Exercise:
Using the Compilation of Instruments, the trainees should work in pairs in order to discover the basis for each of these principles.
Their findings should be reported back to the group.
IMPLICATIONS
This is an extremely difficult and distressing area of a prison officer’s work; it is essential
that this fact is recognized in the presentation of this section.
The main point is that the international instruments encourage abolition of the death
penalty. This is not something the trainees can do anything about, but it is important
that they are aware of the position. The second point is that, where capital punishment
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